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2010-12-14_GENERAL DOCUMENTS - C1980005
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2010-12-14_GENERAL DOCUMENTS - C1980005
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Last modified
8/24/2016 4:27:52 PM
Creation date
12/17/2010 10:08:24 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1980005
IBM Index Class Name
General Documents
Doc Date
12/14/2010
Doc Name
Proposed Decision & Findings of Compliance for PR2
From
Remove acreage to Sage Creek
Permit Index Doc Type
Findings
Email Name
SB1
SLB
Media Type
D
Archive
No
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permit application (2.07.6(2)(e)(ii)). <br />A stipulation (No. 3) was placed on the 1987 permit to address the possibility of <br />encountering previously undiscovered cultural resources within the permit area. <br />Mining operations have been completed and there is no new disturbance associated <br />with this site. Therefore, this stipulation has been complied with and removed. <br />6. For this surface mining operation, private mineral estate has not been severed from <br />private surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not <br />required (2.07.6(2)(f)). <br />7. Applicant Violator System. On the basis of evidence submitted by the applicant and <br />received from other state and federal agencies as a result of the Section 34-33-114(3) <br />compliance review required by the Colorado Surface Coal Mining Reclamation Act, <br />the Division finds that Seneca Coal Company does not own or control any operations <br />which are currently in violation of any law, rule, or regulation of the United States, or <br />any State law, rule, or regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act [in compliance <br />with Rule 2.07.6(2)(g)(h)]. <br />8. Seneca Coal Company does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with <br />such resulting irreparable damage to the environment as to indicate an intent not to <br />comply with the provisions of the Act (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area (2.07.6(2)(I)). <br />10. The Division currently holds corporate surety reclamation bonds totaling <br />$7,183,489.00. The bonds are as follows: <br />Safeco Insurance Company of America <br />Safeco Insurance Company of America <br />Travelers Casualty and Surety Company <br />$5,575,756.00 <br />$1,355,000.00 <br />$252,733.00 <br />At the time of this proposed decision, these bonds remain in force. Upon final <br />approval of the permit revision, Seneca Coal Company may reduce the bond amount to <br />$651,869.00. This bond amount is the Division's projection of reclamation costs for <br />maximum reclamation requirements which would occur during the remainder of the <br />permit term. (2.07.6(2)0)). <br />11. The Division has made a negative determination for the presence of prime farmland <br />within the permit area. The decision was based on a December 19, 1979 letter from <br />the Soil Conservation Service of the United States Department of Agriculture that <br />10
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